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HomeMy WebLinkAboutInv# PayApp 1 - Burkhardt Construction - 05/31/2024 (2)CONSENT OF OWNER SURETY COMPANY ARCHITECT TO PROGRESS PAYMENT CONTRACTOR SURETY OTHER Bond #30141834 PROJECT: CW-Thomas Park Park Improvements Name, Address) TO: City of Dania Beach Owner) 100 W Dania Beach BLVD Dania Beach, FL 33004 CONTRACTOR: Burkhardt Construction, Inc. 1400 Alabama Avenue, Suite 20 West Palm Beach, FL 33401-7048 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) Western Surety Company 151 N Franklin Street Chicago, IL 60606, SURETY COMPANY, on bond of (here insert name and address of contractor) Burkhardt Construction, Inc. 1400 Alabama Avenue, Suite 20 West Palm Beach, FL 33401-7048, CONTRACTOR hereby approves of the $291,855.26 USD progress payment to the Contractor, and agrees that payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) City of Dania Beach 100 W Dania Beach BLVD Dania Beach, FL 33004, OWNER as set forth in said Company’s bond. IN WITNESS WHEREOF, the Surety Company has hereunto set it’s hand this 02 of July , 2024. Western Surety Company Surety Company Signature of Authorized Representative Layne Holmes, Attorney-In-Fact Title and Florida Resident Agent Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Michael Allen Holmes, James F Murphy, Layne Holmes, Michael Gorham, Individually of Fort Lauderdale, FL, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 14th day of June, 2021. W E S T E R N S U R E T Y C O M P A N Y Paul T. Bruflat, Vice President ssStateofSouthDakota County of Minnehaha On this 14th day of June, 2021, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires March 2, 2026 M. Bent, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of W E S T E R N S U R E T Y C O M P A N Y L. Nelson, Assistant Secretary Form F4280-7-2012 02 July 2024. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.